Public Mediation

P.N. vs. Action Cooling & Heating

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P. N. vs. Action Cooling & Heating, Inc.
6340 Arc Way, Fort Myers, Florida, 33966-1347, United States
Amount Involved: $3,700.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 5234319
    • Amount Involved: 3,700.00
    • Filed On: Feb 05, 2018
    • Posted On: Feb 16, 2018
    • Complaint(s):
      • Bad business practices
      • "I just feel ripped off."
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"Action Cooling & Heating basically said i need a whole new air conditioner system after their inspection. Their inspection found the coils to be rusted. That air conditioner would be $7500 to $11,500. I said i would get back to them. I wanted a second and third opinion. They called me back twice and kept lowering the price and pressuring me to get this done immediately. Also stating "we don't like our customers to shop around" I had two separate companies come out and look at the unit without telling them my problem. This way they would be objective. The first company said it was fine the technician told me that the breaker was turned off by Action cooling. The air conditioner worked just fine prior to their visit. Their visit is once a year for a "free" service inspection. The second tech. came out four days later and stated the same thing. " I cannot find anything wrong with your system. The coils are not rusted. You do not need a new air conditioning system.""
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Additional Communication Between Claimant and Action Cooling & Heating, Inc. Hide
  • Feb 05, 2018, Claiming party added:

  • Action Cooling & Heating
    6340Arc Way
    FT. Myers, FL 33966 239-768-7005

What Claimant Wants Hide
1. Refund: $3700.00 Feb 20, 2018 $3,700.00
2. Other – Copy claim to regulators Feb 20, 2018 $14.99
3. Other – Pay for claim posting cost Feb 20, 2018 $14.99
Cash total : $3,729.98
  • 1
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Respondent's Counteroffer

There has been no response to this claim from Action Cooling & Heating, Inc.. This claim will remain posted until resolved
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  • 1
  • Contributed Solution: by George Maxwell On 03-17-2018
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    What would it take to settle this? More...
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  • 2
  • Contributed Solution: by Alan Trachtman On 03-16-2018
    1 comment
    I wish I had a dime for every story like this I’ve heard over the years. Unscrupulous tradespeople do this all the time, most commonly with auto repairs, but you do have options at your disposal. The first thing I’d suggest is to do a little research online in the local public records about previous lawsuits filed against this company. If there are many of them, print them out and keep them in the event you need to use them as evidence of this company’s prior dirty dealings. You should also try to get affidavits from the other guys who told you that you’re a/c unit was OK, and that the coils were not rusty. From what you say, I’m assuming that you paid them to replace the allegedly faulty unit. In that case, I would recommend that you sue them on your own without an attorney, as it will be hard to get good representation for case of this size. This type of lawsuit is frequently referred to as "pro-se" (pronounced "pro say") In most courthouses, in the clerk’s office where suits are filed, there's a "pro-se desk" with a clerk who will give you the necessary forms to fill out and advise you on procedures. Do not bother asking them for legal advice, i.e. what your chances are of prevailing in your suit, as they all studiously avoid answering such questions. Just get them to instruct you on how to fill out and file the forms, do so, pay the filing fee, and then get your complaint served on the defendant. In most jurisdictions, claims under a certain dollar amount can usually be served by registered mail, if so, make sure your save the card that you get back from the post office with the recipient's signature on it as proof of service. If that’s not true here, you cannot serve the suit yourself, so you may need to employ a process server, however you can usually avoid that expense by having a friend serve the defendant with your papers. Your friend would then have to sign an "Affidavit of Service" which you would then have to deliver to the court clerk where you filed the action to be added to your file. The clock starts ticking on the defendant's allotted time to file a legal reply to your suit, once the service of your suit is made. In this case, if you manage to get affidavits to the effect that your unit was not actually faulty, you may want to title the action as “Fraud” in which case you have the right to ask The Court for “Punitive Damages” in addition to your actual out of pocket damages. If you take this route, I would advise asking the Court for punitive damages “in an amount that The Court deems just and proper” rather than asking for a specific amount of punitive damages. Doing so sends a message to the judge that you trust him (or her) and that you’re not a greedy. Judges like that. It may take many months for the case to get to court, but in a very real sense you have the advantage at this point, because in most cases, a business owner will have to use an attorney, especially if there are allegations of fraud involved. These type of businesses frequently have a local lawyer on retainer, but that still costs the business owner some money, and he may decide to settle with you at that point. If not, wait it out and go to court when the time comes. With the benefit of records of other similar lawsuits filed against this defendant to use as evidence, if you find some, if you conduct yourself in a calm and respectful manner towards the judge, and get a fair minded one, you just may prevail. Keep in mind that your real damages are not actually the full amount that you paid for the replacement unit, as it is undoubtedly newer and more efficient than the “perfectly good” one that this creep replaced. As a result, your electrical bills should be somewhat lower, and they could be substantially lower, if the unit that was replaced was pretty old, as the new ones are FAR more efficient than the really old ones, many of which are still in service after 15 or more years of use. So give it a try. What have you got to lose at this point?
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  • 2
  • Contributed Solution: by Sophie Blythe On 02-20-2018
    2 comments
    What was the $3700 for? More...
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